刑事和解中的被害人权利保护探析

Analysis of the Protection of Victims' Rights in Criminal Reconciliation

近年来刑事和解制度在各国广受欢迎,刑事和解是由被害人及其近亲属和犯罪嫌疑人、被告人在司法机关的主持下进行协商、和解的制度。其让被害人与犯罪人可以了解对方的想法与需求,并面对面解决问题,同时能惩罚犯罪、保障公民合法权益。惩罚犯罪一直被严格贯彻,而基于对被害人权利保护,难以充分开展。文章主要围绕刑事和解中的被害人权利保护的实际应用价值,存在问题,提出完善意见,获得公平待遇、完善赔偿制、改进补偿制、规范援助制。

in recent years, the system of criminal reconciliation has been popular in various countries. Criminal reconciliation is a system of consultation and reconciliation amoung victims, their close relatives, suspects and defendants under the auspices of judicial organs. It allows victims and criminals to understand each other's ideas and needs, and to solve problems face-to-face. At the same time, it can punish the crime and protect the legitimate rights and interests of citizens. Punishment of crime has been strictly carried out, and based on the protection of victims' rights, it is difficult to fully carry it out. This paper mainly focuses on the practical application value and existing problems of the protection of victims' rights in criminal reconciliation. It puts forward some perfect suggestions to get fair treatment, perfect the compensation system, improve the compensation system and standardize the aid system.